The Constitutionality of Special Mining Business Permit (IUPK) Application to Community Organisations in Indonesia

Abstract

The management of natural resources, including minerals and coal, is governed by the principle that these resources are controlled by the state and used as much as possible for the prosperity of the people, the constitutionality of Article 33 Section (3) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution). This principle places the state as the main manager responsible for fair and sustainable exploitation. A Special Mining Business Permit (IUPK) is a license that allows certain parties to manage mining in a certain area, regulated in Law Section 4 of 2009 and its derivative regulations. The decision of Muhammadiyah and Nahdlatul Ulama (NU) to be involved in mining has significant economic, social, and environmental implications. Its economy can increase organizational income, create jobs, and support social programs; its social strengthens the role of the organization in positive change by promoting fair work standards; However, environmental challenges require strict standards to prevent damage. The granting of mining permits is regulated in Government Regulation (PP) No. 25 of 2024, which aims to provide financial independence for religious organizations. However, strict monitoring is needed to mitigate negative impacts such as pollution, social change, and health impacts. From a constitutional perspective, licensing must adhere to the principles of social justice, transparency, and environmental protection to ensure fair and sustainable benefits for society.